Bellingham eatery defies smoking ban

Whatcom County wants Casa Que Pasa fined for violations

Published 10:00 pm, Sunday, February 5, 2006

The first legal challenge of the state's new smoking ban may be brewing in a Southwestern-style eatery and tequila cantina in Bellingham.

The Whatcom County Health Department is asking a court to fine Casa Que Pasa for allegedly allowing repeated violations of the statewide indoor smoking ban in its colorful bar where tequila shots range from $2.75 to $25 a piece.

Casa Que Pasa prides itself on a laid-back and festive atmosphere. The kitchen specializes in big burritos, many vegetarian, and the walls are covered in artwork and murals.

And the owner believes his patrons have a "right" to smoke, according to Whatcom County officials.

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Initiative 901 says otherwise. Now, county officials have asked a court to fine the establishment's owner, Abel Jordan, $100 per day he's out of compliance with the smoking ban approved by voters in November.

Jordan could not be reached for comment.

King County officials have yet to fine any businesses, officials said. Public Health -- Seattle & King County has received about 400 complaints of alleged violations at about 175 businesses, said Roger Valdez, manager of the agency's tobacco prevention program.

That's led to nearly 70 visits to establishments and about 15 written warnings, mostly in bars, Valdez said. In each case, health officials found in follow-up visits that the business had generally come into compliance.

"We haven't seen anyone kind of defying the law or saying that they're not going to comply."

The Snohomish County Health District has issued third -- and final -- warnings against two establishments: a bar and a private club, said Pat Sickler of the agency's tobacco program. If the two aren't compliant the next time officials drop by, health officials might forward the cases to city attorneys for review, added the agency's spokeswoman.

In the Whatcom County case, a hearing date has yet to be scheduled, Randall Watts, Whatcom County chief civil deputy prosecutor, said last week.

"Hopefully, it won't take very long, and hopefully we'll get compliance since that's what were looking for," Watts said.

One day after the smoke ban took effect Dec. 8, county officials got their first complaint that Casa Que Pasa was allowing smoking in the bar -- as it did before the ban. Since then, about one-fourth of the approximately 40 complaints officials have received have been about that establishment, Nicole Willis, a tobacco prevention coordinator for Whatcom County, said last week.

On a Monday evening nearly two weeks after the ban was enacted, officials found three people smoking in the bar -- including Jordan, Willis said.

"He stated that he does not agree with the law and believes it's a matter of personal rights so he isn't going to prohibit smoking," Willis said. "He also stated that he's not allowing smoking; he's just not stopping it."

Health workers had him sign a form indicating he understands he is out of compliance and mailed him a warning the next day, she said. "He stated he wanted to receive a ticket so he could take it to court," Willis said.

A little more than a week later, the county returned.

On that Wednesday evening, a food inspector and a tobacco prevention coordinator found another person smoking in the bar -- and ashtrays at the ready for more. Cantina employees got Jordan on the phone, Willis said.

"Abel actually ... insisted that he come down and sign the report (another form acknowledging violation of the Clean Indoor Air Act). And he was down there within 15 minutes.

"He said he was benefiting from both a groundswell of support from both his patrons and (other) bar owners -- individuals willing to pay the fines which he would incur."

So far, this is the only bar Whatcom officials have attempted to fine, Willis said. Before the ban, about 60 restaurants or bars had allowed smoking. Most have stopped with no problems, she said. "We've been actually very pleased with how everyone has been taking it," Willis said.

Another bar was on the brink of facing fines but complied with the ban "when they found out that we would really pursue it," Watts said.